10 Unexpected Birth Defect Claim Tips

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. To pursue such an action, you must establish that a medical professional did not meet the standard of care before or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect, and doctors try to do everything they can to stop birth defects from occurring. Medical negligence and carelessness could increase the risk for birth defects and injuries. A family who is shocked by this circumstance should think about seeking legal action for a birth defect lawsuits defect.

A successful birth defect lawsuit may result in damages for a variety of different things. This can include the suffering and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent to which it has interfered with their quality of life.

Birth defects and birth injuries can be caused by a variety of causes, including environmental exposures. Studies have proven that pesticides like fungicides and lead as well as paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs such as DES that can cause birth defects in fetuses.

If you believe that your child's birth defect, or birth injury was the result of medical negligence, you must consult a skilled birth defect lawyer as soon as you can. In some states, there is only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that sets the deadline for filing a civil lawsuit. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused injuries to a patient during labor and birth. These cases are often called birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

In a case of medical malpractice the plaintiff must prove that the doctor at fault failed to adhere to the standards of care and consideration another medical professional would have followed in similar circumstances. This includes failing to diagnose a serious condition such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case reviews to prospective clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and then hire experts to review the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to testify because they have to scrutinize an extensive amount of information to be able to make decisions in accordance with facts rather than opinion. In addition, they must be able to testify regarding information that might contradict their views.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of birth defects in their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories and certainty transforms into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have a right to sue. A lawyer can decide if the plaintiff is able to pursue a lawsuit by themselves or as part of a class action. In certain instances, a lawyer can file a birth injury lawsuit as part of multidistrict litigation (MDL). Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims often result from a doctor's inability to properly diagnose or treat a problem. For example, a physician may not perform an ultrasound examination or make an error during surgery, which could result in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit are insufficient medication for birth defects the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, performance and appearance. In some instances the birth defect could significantly diminish a baby's life expectancy or lead to significant medical costs.

Contact an attorney for birth defects today if you believe that the birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can provide you with your options and assist you to file a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury of your infant.